Age Discrimination

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ryguy904

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I know this is not a law forum, but my google searches have gone unsuccessful at trying to find a clear answer on this. AF buddies, I enlist you to please help.

We just hired somebody last week. I don�t believe he is as skilled or qualified as I am, although I ultimately did recommend hiring him. However, I was under the impression that he was coming in a level below me, but in fact I just found out that he is a level ABOVE me. WTF? He is about 20-25 years my senior. Nice person for sure, but not as socially or technically skilled (and I�m not just playing an ego card). We�re going to be doing the same work, with no managerial or workload differences either.

I have been getting VERY clear signals that I will be promoted in the next 1-2 months (like my boss saying we�ll move it up the chain and make it happen very soon. He last said that about 1 month ago). I�ve taken on some major responsibilities in the last 3-4 months, been exposed to some very high level people and scored almost off the charts on my review in March. However, with the new person coming in, it now seems to be looking I may have a lot more time in front of me. I honestly believe that I�m being overlooked because of my age. My boss does not know my exact range, although he can probably guess within 5 years. We�ll just say for kicks I�m 27 give or take 2-3 years. My boss has recently ignored me on this issue, as he�s ignored two friendly emails of mine on this issue in the last week. He is a very responsive person. In fact, he has responded very timely to all of my other emails, even for some random administrative issues. I haven�t talked to him in person yet, as he�s been working in another office for most of the last two weeks.


Long story short, is it possible for a company to LEGALLY pass me over, simply because I�m too young? I work for a large company >1,000 employees, so I wanted to see if I have any legal recourse if he says that I�m not going to get promoted now.


Cheers,
RG
 
Without having any legal background, my take on this is that it might be a bit challenging to prove discrimination in this situation. In any event, I suggest you keep a paper trail of all communication pertaining to this issue. I'm not sure where you are based and this could be vital to the outcome of the situation, but if you are in the States, I believe that in general verbal agreements are not enforcible by law.

I would also do a Google search on the actual employment standards administered in the country/state/province/etc-administrative-unit where you work.
 
No experience dealing with this, but thought I'd throw in my 2 cents and just say that I believe verbal agreements with competant and of age persons ARE enforcible by law in the US - the only exception that I know of would be real estate transactions.
 
I feel your pain, I think a lot of young folks do.

A person once told me that certain jobs would just be un available to me until I was in my 50's. I think it sucks, but unless your some super hotshot it's probably true, with age comes greater opportunity in the corporate world especially in finance.

I wouldn't go blowing the whistle, the industry is small. Do you want to risk being ostracized for being a traitor.

You may have a case but unless you plan on cashing out for life I wouldn't go there.

Your argument is cogent but IMO not compelling enough to warrant causing a ruckus. If your good, just pay your dues and somebody will notice. If not IMO it would be safer to jump ship then snitch.
 
I think this throws up a number of issues:

1) I doubt any law has been broken. Even if it has, the firm can afford much better legal representatives that you can. Even if you win, you'll have a great big lawsuit on your resume and people wont want to touch you. You just have to suck it up.

2) If this dude is 20-25 yrs your senior he has experienced so many more market conditions: asian crisis, russian defalut, black monday, LTCM, etc Just because he doesn't have a 'certificate' for this it doesn't make it any less of a relevant qualification for the job. Dont underestimate experience.

3) This dude is doing the same job as someone 20-25yrs younger than him. That's a bit sad isn't it? i'd actually feel sorry for him that his career has never taken off like it could have done, rather than feeling sorry for yourself.

4) Dont ever put anything as sensitive as promotion or pay complaints in an email. Wait until a half-decent moment, take your boss to one side and talk face-to-face.

5) This might actually work to your advantage. They prob had to give him a higher role to get him to take the job. Use this as an opportunity to get yourself 'pulled up' to his level because you are doing the same role, rather than trying to 'pull him down' to your level.
 
I agree with all five points in DeadCat's email.

Also, I don't think proving descrimination is very easy. More so discrimination against someone as young and successful as you suggest you are.

I am no lawyer, but I seem to remember something about contracts in business law class and something about consideration. That statements you describe don't really have all the pieces of a contract. Your boss made vague references to promoting you. Not anything concrete like, stand on your head for ten minutes and we will pay you ten dollars. In this case standing on your head for ten minutes would be the consideration you give for the contract (verbal or otherwise).

I would let this go, and I would certainly stop sending your boss emails about it.
 
The first that came to my mind is that the senior obviously has more experiencre regardless of the qualifications. My second thought that came to my mind is that I found the story gratifying because I thought the the "Age Discrimination" thread would be an opposite scenario. It seems there's age discrimination in industry in favouring smart young blood!
 
Deadcat et al. - I appreciate the responses. I hear what you all are saying. Causing a ruckus is far from my first option. It is definitely a bit frustrating, though. I will try and keep my peace for awhile. I can only imagine that it will get clearer and clearer regarding my work quality when placed side by side with gramps.

RG
 
I'm amazed no one gave the most obvious suggestion - talk to your boss and ask him clearly what's up. It seems you have expectations based on a few remarks he made but you haven't had a direct conversation with him. Ask him for a formal meeting (he'll get the point better that way), prepare for the meeting by summarizing your accomplishments, and ask him where he sees you in six months. Also ask him about the new coworker and his role.

As simple as that. Based on the answers (and they'll probably be positive, given your performance rating), either suck it up for a time or find yourself another job. Don't stew over it.
 
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